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The Department of Education’s m ission is to promote student achievement and preparation for global competitiveness by
fostering educational excellence and ensuring equal access.
U
NITED STATES DEPARTMENT OF EDUCATION
O
FFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
J une 28, 2017
Honorable Cynthia Deleon Guerrero
Commonwealth of the Northern Mariana Islands
Public School System
PO Box 501370 CK
Saipan , MP 96950
Dear Commissioner Deleon Guerrero:
I am writing to advise you of the U. S. Department of Education's (Department) 2017
determination under section 616 of the Individuals with Disabilities Education Act (IDEA ). The
Department has determined that the Commonwealth of the Northern Mariana Islands ( CNMI)
needs assistance in implementing the requirements of Part B of the IDEA . This determination is
based on the totality of the State’s data and information, including the Federal fiscal year (FFY)
2015 State Performance Plan/Annual Performance Report (SPP/APR), other State -reported data,
and other publicly available information.
CNMI’s 2017 determination is based on the data reflected in CNMI’s “Part B Compliance
Matrix – 2017” (Compliance Matrix). The Compliance Matrix is further explained in a
document, entitled “ How the Department Made Determinations under Section 616(d) of the
Individuals with Disabilities Education Act Part B in 2017 -- Entities with Determinations Based
on Compliance” (HTDMD Compliance Only).
Alth ough OSEP is continuing to use both results data and compliance data in making
determinations in 2017 for other States, the Department is continuing to use only compliance
data when making 2017 determinations for the following entities: American Samoa, the Bureau
of Indian Education, CNMI , the Federated States of Micronesia, Guam, the Republic of the
Marshall Islands, the Republic of Palau, and the Virgin Islands. Therefore, the Department is
using the criteria set forth in the HTDMD Compliance Only, which are similar to the criteria the
Department used to make determinations for these entities in 2013, 2014, 2015 and 2016. In
making Part B determinations in 2017 for other States, OSEP used results data related to the
participation of children with disabilities (CWD) on regular Statewide assessments, the
participation and performance of CWD on the National Assessment of Educational Progress, and
exiting data on CWD who dropped out and CWD who graduated with a regular high school
diploma, as reported by States under section 618 of the IDEA. T he entities have results data
available for some, but not all , of these Results Elements.
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The Department is considering using both compliance and results data for the entities’ 2018
determinations. Section 616(a)(2) of th e IDEA requires that the primary focus of IDEA
monitoring must be on improving educational results and functional outcomes for all children
with disabilities, and ensuring that States meet the IDEA program requirements , with a particular
emphasis on those requirements that are most closely related to improving educational results for
children with disabilities . We believe that taking this more balanced approach, using both
compliance and available results data, is consistent with th is statutory provision and will allow
entities to better focus on improving results for children with disabilities who they serve. As we
consider using results data in determinations, OSEP will provide the entities with an opportunity
to comment and provide input on how we should use results data when making determinations in
2018 under IDEA section 616.
You may access the results of OSEP’s review of CNMI’s SPP/APR and other relevant data by
accessing the SPP/APR module using your entity -specific log -on information at
osep.grads360.org. When you access CNMI’s SPP/APR on the site, you will find , in Indicators 1
through 16, the OSEP Response to the indicator and any actions that the entity is required to
take. The actions that the entity is required to take are in two places:
(1) actio ns related to the correction of findings of noncompliance are in the “OSEP
Response” section of the indicator; and
(2) any other actions that CNMI is required to take are in the “Required Actions” section of
the indicator.
It is important for you to review t he Introduction to the SPP/APR, which may also include
language in the “OSEP R esponse” and/or “ Required Actions ” sections.
You will also find all of the following important documents saved as attachments to the Progress
Page:
(1) CNMI’s Compliance M atrix;
(2) the HTDMD Compliance Only document;
(3) a spreadsheet entitled “201 7 Data Rubric Part B,” which shows how OSEP calculated
CNMI’s “ Timely and Accurate State -Reported Data” score in the Compliance Matrix;
(4) a document entitled “Dispute Resolution 2015- 16,” which includes the IDEA section 618
data that OSEP used to calculate the entity’s “Timely State Complaint Decisions” and
“Timely Due Process Hearing Decisions” scores in the Compliance Matrix; and
(5) a Data Display, which presents certain entity -reported data in a transparent, user -friendly
manner and is helpful for the public in getting a broader picture of CNMI’s performance
in key areas.
As noted above, CNMI’s determination is Needs Assistance. The 2017 determination for an
entity whose determination is based on the Compliance Matrix is Needs Assistance if the
Compliance Matrix percentage was at least 75%, but less than 90%, or was below 75% but the
entity does not meet the criteria for Needs Intervention as set forth in the HTDMD Compliance
Only document. An entity would also be Needs Assistance if its Compliance Matrix percentage
was at least 90%, but the Department has imposed Special Conditions on the entity’s last three
(FFYs 2014, 2015, and 2016) IDEA Part B grant awards, and those Special Conditions are in
effect at the time of the Department’s 2017 determination
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CNMI’s determination for 2016 was also Needs A ssistance. In accordance with section
616(e)(1) of the IDEA and 34 C.F.R. §300.604(a), if a State or entity is determined to need
assistance for two consecutive years, the Secretary must take one or more of the following
actions:
(1) advise the State or entity of available sources of technical assistance that may help the
State or entity address the areas in which the State or entity needs assistance an d require
the State or entity to work with appropriate entities;
(2) direct the use of State -level funds on the area or areas in which the State or entity needs
assistance; or
(3) identify the State or entity as a high-risk grantee and impose Special Conditions on the
State’s or entity‘s IDEA Part B grant award.
Pursuant to these requirements, the Secretary is continuing to require CNMI to access technical
assistance related to its FFY 2017 Department -wide special conditions through the Departm ent’s
Risk Management Service. CNMI must timely submit any reports required under these
Department -wide Special Conditions.
States were required to submit Phase I II of the State Systemic Improvement Plan (SSIP) by April
1, 2017. OSEP appreciates CNMI’s ongoing work on its SSIP and its efforts to improve results
for students with disabilities. We have carefully reviewed your submission and will provide
feedback in the upcoming weeks. Additionally, OSEP will continue to work with your entity as it
implements the second year of Phase III of the SSIP, which is due on April 3, 2018.
Further, CNMI must make its SPP/APR available to the public by posting it on the State
educational agency’s website. Within the next several days, OSEP will be finalizing a State
Profile for your entity that:
(1) will be accessible to the public;
(2) includes the entity’s determination letter and SPP/APR, and all related entity and OSEP
attachments; and
(3) can be accessed via a URL unique to your entity, which you can use to make your
SPP/APR available to the public.
We will provide you with the unique URL when it is live.
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OSEP appreciates CNMI’s efforts to improve results for children and youth with disabilities and
looks forward to working with your entity over the next year as we continue our important wor k
of improving the lives of children with di sabilities and their families. Please contact your OSEP
State Lead i f you have any questions, would like to discuss this further, or want to request
technical assistance.
Sincerely,
/s/ Ruth E. Ryder
Ruth E. Ryder
Acting Direct or
Office of Special Education Programs
cc: Director of Special Education